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Insurance Consumer Advocate

Tasha Carter


Contact Us
Mailing: 200 East Gaines St.
Tallahassee, FL 32399-0308

For Consumer Assistance:
Contact the Division of
Consumer Services within the
Department of Financial Services

Online at
Consumer Services
Toll-free in Florida
1-877-MY-FL-CFO
(1-877-693-5236)
Out of State
(850) 413-3089
Español
(850) 413-3033

Public Records Requests

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Legislation

 

During Florida's Legislative sessions, the Office of the Insurance Consumer Advocate (OICA) tracks the passage of important insurance legislation impacting the lives of consumers. As the sessions come to a close, the OICA compiles a summary of the insurance legislation that passed both the House and the Senate.

 

OICA Featured Bill

HB 7065 (2019) – Insurance Assignment Agreements

This priority bill of Florida’s Chief Financial Officer Jimmy Patronis, in coordination with Insurance Commissioner David Altmaier and other interested stakeholder and consumer protection groups, addresses abuse of the assignment of a consumer’s residential or commercial property insurance claim after a loss. Assignment of benefits (AOB) is a legal agreement that allows a third party (typically, a restoration service provider or contractor) to seek direct payment from the insurance company for monies owed under the policy. The legislation defines the terms of a valid AOB; for example, it must be fully executed, prohibit unnecessary costs and fees, provide an itemized per-unit cost estimate of work, and be limited to $3,000 or 1% of Coverage A limits under emergency circumstances. The legislation also clarifies the duties of contractors to cooperate with the settlement of the claim and perform the work in accordance with industry standards. Should litigation initiated by the third party using an AOB result in a judgment, the legislation sets the formula that will determine what party, if any, receives an award of attorney’s fees. Insurers must report specified data on AOB claims to regulators for monitoring purposes and Citizens Property Insurance Corporation must report savings from the passage of this legislation in future rate filing projections. Finally, the legislation allows for insurers to sell property insurance policies that prohibit AOBs, in whole or in part, under certain conditions. Consumers should read and understand insurance policy language when shopping for or renewing their homeowner’s insurance coverage and, after a loss, review all contracts carefully to ensure compatibility with these new requirements.

 

 

Legislative SummariesBorder